A/HRC/18/35/Add.2
and develop their common goals as a people living across more than one State, as well
as enjoy within each of the States in which they live the full range of rights that are
guaranteed for indigenous peoples in contemporary international instruments.
73.
The Special Rapporteur commends Norway for being the first State to ratify
International Labour Organization Convention No. 169 concerning Indigenous and
Tribal Peoples in Independent Countries. He urges Finland to complete steps to ratify
that instrument and urges Sweden to consider ratification, in consultation with Sami
people.
B.
Self-determination
74.
Despite having endured a history that divided their territory and people among
four States, the Sami people have made remarkable efforts to maintain and
strengthen bonds across the national boundaries and to advance their interests as one
people. Several cross-border institutions have been formed to represent the interests
of Sami people throughout the Sápmi region and play an important role in developing
a Sami policy that applies beyond the State framework. The Special Rapporteur notes
with satisfaction that the Nordic Governments, for the most part, have not hindered
cross-border Sami relations and at times have facilitated it.
75.
The Special Rapporteur notes the important work that has already been done
toward the adoption of a Nordic Sami Convention. He welcomes the commitment on
the part of the Nordic States and the Sami parliaments to recommence negotiations in
2011 toward adoption of the Convention. The Special Rapporteur calls upon the
States to ensure that the framework for these negotiations allows the Sami
parliaments to participate as equal parties.
76.
The Special Rapporteur recommends that the Nordic States continue and
enhance their efforts to implement the right of the Sami people to self-determination
and to more genuinely influence decision-making in areas of concern to them. This
end may to some extent be achieved through more effective consultation arrangements
that seek to ensure that decisions directly affecting the Sami are not taken without
their free, prior and informed consent. Additionally, in consultation with the Sami
parliaments, the States should consider delimiting certain areas within which the Sami
parliaments can act as primary or sole decision-makers, particularly in relation to
concerns that affect Sami people in particular, including issues related to Sami lands,
languages, traditional livelihoods and cultures.
77.
The Special Rapporteur recommends that the Nordic States, and in particular
Sweden, introduce reforms as necessary to ensure that the Sami parliaments – as the
highest representative bodies of the Sami people – have greater independence from
State institutions and authorities. In particular, Sweden should review the statutory
status and functions of the Swedish Sami Parliament in relation to Swedish
Government authority structures, with the goal of increasing its independent decisionmaking powers.
78.
The Nordic States should provide the Sami parliaments with funding sufficient
for them to be able to effectively exercise their self-governance functions. In
particular, greater funding should be available for projects and initiatives that the
Sami parliaments themselves identify, develop and implement. The States should
develop appropriate procedures for consulting with the Sami parliaments towards this
end.
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